contributions to property

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nesbitt

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A relative of my better half divorced a few years ago in the UK. She is very comfortable and purchased a new pad for approx 1m stg. However, her new partner, whilst also quite a well off chap is also divorced with a family to maintain. So I observe that he contributed 1% to her new home purchase and pays the utility bills, she pays for food and other expenses monthly (and they eat very well!). She has also ploughed a sizeable sum into the new property for some renovations and new (high end) furniture and soft furnishings etc, whilst he has not.


So what I wonder is, as he is in finance himself, what is the angle, if any to contributing 1% to her gaff and paying the utilities (which are easy to prove payment) I suppose by my tone you can guess that I am suspicious about their arrangements, as this gal is not the brightest when it comes to financial matters. Other members of the inlaws have starting mumbling amongst themselves also.
 
Could it be that if they are joint owners, albeit one only owns 1%, she cannot ever sell the house without his consent? This effectively gives him security of tenure over his accommodation - if they break up, she cant just sell the house and move on without his permission which, no doubt would come at a price.

Possibly may also be hiding the extent of his assets from ex-wife?
 
Why do you think that he contributed 1% to the purchase of the property? If he did contribute towards the purchase of the property then he would have an interest in the property even though his name may not be on the deeds. This does not mean an equal interest though.
 
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Does marriage automatically give someone an interest in a property even if they didn't contribute to it?
 
I have been told by my mother in law that he contributed 1% to the purchase of the house and that he insisted on paying the utility bills. This I believe to be absolutely true. Mother in law is of course concerned and upset at the arrangement. I am now concerned that this would give him rights over sale of the house. I can't believe she would enter into this arrangement after all the hassle she had with a protracted and hostile divorce previously. Anyway my warning bell rang when I heard this and I am only a mere peasant.... I will when I can get an opportunity tell mother in law to see a solicitor and then she may have a frank discussion with her daughter. Mmmmn be careful what you get into eh? Thanks for comments.
 
bond-007 said:
Does marriage automatically give someone an interest in a property even if they didn't contribute to it?
Click to expand...

No but the Family Home Protection Act 1976 gives non-owning spouses rights in relation to the family home e.g. house can't be sold, mortgaged etc without prior written consent of non-owning spouse.
 

OP needs to clarify whether or not these people are living in Ireland or UK, though I assume because the term "partner" was used, thay are not married?

Question to OP:

Did the partner who paid 1% have his name recorded on the deeds as partial owner or on any other legal documentation to the effect that he is the partial owner of the house?
 
Both parties are UK citizens and reside in the UK. They have not as yet married. I'm afraid that I don't know the deed details, but I would suspect that given the individual in question his name would be recorded to reflect his 1%.... I think this is a security issue and on the one hand I can understand this but I feel sometimes rights are manipulated and not deserved. I will make my comments to Mother in law when I get an opportunity (she is in UK too). Finally, be careful what you get into.....
 
The laws of marriage, divorce, common law partners etc., are very different in he Uk than in Ireland. Seems that your sister-in-law would be better having a pre nup entered into, both for her sake and also for his families sake.

Love is blind and by the sounds the story so far, due care and attention is required before an ugly situation arises again.
 
Yes, mercman, due care and attention should be the order of the day. I think that indeed love is not only blind but senseless! I note that of course there are differences to UK and Irish law.

So, at next opportunity I will put my oar in and make suggestions through my mother in law. I do not want to get into any dialogue with lady and gent in question because it could well end up to be like trodding in a hornet's nest. Although there seems to be no hassle now, I feel my other half's sister has backed herself into a corner unwittingly perhaps and may well live to regret it, should this relationship change.

At the end of the day though when people mess up it is your family (even extended) that you go to with the tear stained face and lessons learned too late. Sorry to go on and thanks for all comments, v. helpful.
 
If your sister-in-law has come from a very difficult marriage /divorce, it appears has she not learned anything. Would she not be better off been directed to a Solicitor on her own (without yer man accompaning her) to get the cold hard facts of the way it is now and the way it could/would/should/might be. Failing this she should have a Labotomy !!
 
Yes, indeed Mercman, I am going to advise Mother in Law to accompany her to have clarified what already seems evident. To get to this stage however, Mother in law will have to firstly tell her of our concerns. It is important to note that she purchased new property and did not discuss matter with her family. Some people just won't be advised, they question people's motives, and fail to see what is under their very nose. Another sister was accused of being jealous last year when she made some comments about their monthly outgoing arrangements. All she said was that the food/misc bill per month is probably 6 times more than utility costs. If she were my own sis I would just let rip and ask her to have her head examined as well as her finances! Anyway..........
 
This requires urgent non - family intervention, to avoild a complete family falling out and the creation of a disfunctional family.
 
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